OH killer of 2 arrives at death house, chooses final meal

As of Tuesday morning, an appeals court rejected argments from Otte that he shouldn't be put to death because of his age at the time of the crime.

Gary Otte, 45, found guilty of shooting both a man and a woman in the head at a suburban Cleveland apartment complex in 1992, died at 10:54 a.m. local time by lethal injection at a prison in Lucasville, Ohio, prison officials said.

Gary Otte was the second inmate put to death since OH ended a three-year execution hiatus prompted by a lethal injection that raised questions about the drugs being used. He spent his last hours calling his family and friends.

OH is preparing to put a condemned killer to death Wednesday, beginning with moving the inmate to the prison where he will be executed.

Otte's argument can't be raised under Ohio law or current federal court rulings, the 8th Ohio District Court of Appeals said.

Otte was sentenced to die for the February 12, 1992, killing of Robert Wasikowski and the February 13, 1992, killing of Sharon Kostura.

A federal court is considering Otte's argument that the first drug in the process creates an unconstitutional risk of severe harm. Otte stole $413 from Wasikowski and $45, a vehicle and a checkbook from Kostura, according to court documents.

A prison spokeswoman said Otte didn't sleep overnight. Otte is not appealing that decision. Ministers and a nurse observing the procedure in case of problems planned to witness on Otte's behalf.